News Context:

• The CEC and the ECs attending an informal meeting with the Prime Minister’s Principal Secretary last year focused attention on the ECI’s independence and impartiality.

What sections of the Constitution apply to the ECI?

• The Election Commission of India is a self-governing constitutional body that has the responsibility of overseeing India’s Union and State election procedures.
• The body is responsible for elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the President and Vice President of India.
• The Indian Constitution’s Part XV (Articles 324–329) deals with elections and creates a commission to oversee them.
• The Election Commission of India (ECI) is now a three-member body comprised of a Chief Election Commissioner (CEC) and two Election Commissioners (EC).
• Pursuant to Article 324(2) of the Indian Constitution, the President of India has the authority to designate the CEC and ECs.
• In conjunction with the election commission, the president may additionally appoint such regional commissioners as he deems essential to assist the election commission.
• Additionally, Article 324(2) authorises the President of India to set the number of Election Commissioners other than the CEC from time to time.
• They are compensated in a manner comparable to that of Supreme Court of India judges.
• The CEC or EC retains office for a period of six years from the date of appointment or until he reaches the age of 65 years prior to the expiration of the six-year term.
• They have the option of resigning at any moment or being removed before the expiration of their term.
• The CEC may be removed from office only via a procedure comparable to that used to remove a Supreme Court judge by Parliament.
• If the CEC and other ECs disagree on any topic, the matter should be settled by a majority vote.

What are the ECI’s functions?

Administrative responsibilities

• ECI establishes the geographical boundaries of electoral seats across the nation in accordance with Parliament’s Delimitation Commission Act.
• It compiles and updates electoral rolls on a regular basis, as well as registers all eligible voters.
• ECI recognises political parties and assigns them election symbols.
• The Election Commission maintains a fair playing field for political parties in elections by requiring political parties to strictly adhere to a Model Code of Conduct.

Jurisdiction Advisory & Quasi-Judicial Functions

• Additionally, the Commission has advisory authority for the post-election disqualification of members of Parliament and State Legislatures.
• Cases involving individuals found guilty of corrupt activities during elections are submitted to the ECI for its decision on whether they should be disqualified and, if so, for how long.
• In all such issues, the Commission’s opinion is obligatory on the President or Governor to whom it is presented.
• The Commission has the authority to disqualify a candidate for failing to file an election spending report within the time and in the manner required by law.
• Additionally, the Commission has the authority to eliminate or reduce the duration of such disqualifications, as well as other disqualifications imposed by law.
• Appropriate petitions may be filed against the Commission’s rulings in the High Court and the Supreme Court of India.
• India was a founding member of the Stockholm-based International Institute for Democracy and Electoral Assistance (IDEA).

What accusations have been brought against ECI?

• Over the previous seven years, the ECI has been accused of favouring the ruling party on several occasions.
• In its report titled “An Enquiry into India’s Election System,” the Citizens’ Commission on Elections (CCE) identified instances of inactivity on the part of the Election Commission of India (ECI) during the conduct of the 2019 general election.
• Additionally, the Government was accused of upsetting former Election Commissioner Ashok Lavasa by advocating for action against the Prime Minister for breaches of the electoral code of conduct.
• The absence of some provisions from the constitution are:

• The Election Commission’s membership criteria are not specified in the Constitution.
• The Election Commission’s members’ terms are not defined in the Constitution.
• The Constitution does not preclude the government from re-appointing retiring election commissioners.
• Writ petitions have been filed seeking the Supreme Court to declare that the Centre’s existing system of appointing ECs breaches Articles 14 and 324(2) of the Constitution, as well as democracy as a fundamental characteristic.
• These petitions advocate for an independent method of election commissioner appointment, as previously suggested by the Law Commission and several committee findings.

What can be done to bolster the ECI’s strength?

• Modifications to the election commissioner selection procedure may enhance the ECI’s independence, impartiality, and openness.
• In 1975, the Justice Tarkunde Committee suggested that Election Commissioners be selected on the suggestion of a committee comprised of the Prime Minister, the Opposition Leader in the Lok Sabha, and the Chief Justice of India.
• This was reaffirmed in 1990 by the Dinesh Goswami Committee and in 2015 by the Law Commission.
• Additionally, the Fourth Report of the Second Administrative Reforms Commission proposed that the law minister and the Rajya Sabha Deputy Chairman be included in such a Collegium.
• Establishing a multi-institutional, bipartisan body to pick Election Commissioners in a fair and transparent manner, akin to the appointment of the CIC, Lokpal, CVC, and Director of the CBI, is critical.
• Power separation is the gold standard for governments worldwide.